History of the Colorado Courts

he year 1858 glistens in Colorado’s history. restlessness to secede from Kansas began to grow Immediately upon becoming an official territory, the People gripped by gilded dreams flocked among the citizens. As a response, an election held mass of existing governing entities all ceded power T here to seek their fortunes in the rivers and on Oct. 24, 1859, established the extralegal to the new government. The territory was divided the hills. Despite many of those dreams Territory of Jefferson in what is now Colorado. into three judicial districts. President Abraham getting tarnished along the way, Denver, the “Queen This self-proclaimed government instituted the Lincoln appointed three justices to the first legal City of the Plains” was born on Nov. 17, 1858. But, region’s first Supreme Court with a chief justice and Supreme Court in the territory. Chief Justice as the population grew in what would be the two associate justices. Within two months, Benjamin F. Hall was given jurisdiction of the Centennial State, so did the need for government Jefferson territory’s legislature expanded the judicial Denver District; Justice Charles Lee Armour Central and a system of justice. system to include district, county, and justice of the City District; and Justice S. Newton Pettis, the peace courts, in addition to the already established Southern District, near Pueblo. The first case to be Many and varied judicial systems emerged to satiate Supreme Court. tried before the Supreme Court was Gardner vs. the need for order. In the mountains, this came in Dunn on appeal from Park County. the form of “Miners Districts.” These organizations, Many local citizens refused to acknowledge this which would spring up judicial system’s presumed authority, or that of its Colorado was admitted to the union as a state on whenever a large courts. Inevitably, conflict arose between the Aug. 1, 1876. The state’s original constitution enough group of miners Arapahoe County courts and those of the Jefferson provided for a Supreme Court with a bench of three settled in one area, territory. Neither had a good grip on their claimed justices, as well as four judicial districts, with one established boundaries, jurisdiction, and thus criminals frequently slipped judge serving each. The following timeline defined property rights, through gaping loopholes in the system. As a result, illustrates the early progression of the state’s judicial elected officers, set up People’s Courts emerged. These were not structure. courts, tried lawsuits, permanent, or even official institutions, but they and punished criminals. were summoned by the upper class to deal with 1876 – 4 judicial districts; 1 judge in each Among the first of these serious crimes, such as murders. The court followed 1881 – 7 judicial districts; 1 judge in each districts were Gold Hill general procedures, allowing for both prosecution 1887 – 9 judicial districts; 1 judge each, except near present day and defense, but the sentence was usually death, and Arapahoe County (incl. Denver) with 2 Courtesy of Denver Public Library Western History Collection Boulder, Jackson it was carried out immediately after the ruling. 1891 – 13 judicial districts; first Court of Appeals Diggins District in Clear 1893 – 2nd judge given to Pueblo area Creek County, and Gregory District near 1895 – 2nd judge given to Colorado Springs area Blackhawk, all of which were established in 1859. 1905 – Supreme Court given 7 justices; first Court of Appeals abolished The fledgling judicial system along the Front Range developed in a somewhat more conventional 1913 – second Court of Appeals established for manner. Prior to 1861, most of what is now a four-year life Colorado was part of Arapahoe County in the 1917 – second Court of Appeals abolished Territory of Kansas. In 1855, the legislature of the 1921 – 14 judicial districts Territory of Kansas appointed Allen P. Tibbitts as 1945 – 15 judicial districts the probate judge of Arapahoe County. Tibbitts was 1953 – 16 judicial districts effectively Colorado’s “first judge,” although he Old Supreme Court courtroom in the north wing of the state capitol building 1958 – 18 judicial districts never actually visited Arapahoe County, much less 1963 – 22 judicial districts, the present number held court here. He never claimed his bench After Kansas made the transition from territory to 1970 – third and current Court of Appeals was because, at that time in history, travel through this state in January 1861, people living in the Territory established region could be treacherous, due to poor conditions of Jefferson recognized the necessity, and 1977 – Supreme Court and Court of Appeals and hostile Indians. inevitability, of coming under the authority of the United States. An application for status as a moved into current building In March 1859, the first court was established in the territory was filed, and in February 1861 Congress 2010 – 311 judges statewide: 7 Supreme Court “Pikes Peak Country.” S.W. Wagoner was elected passed a bill creating the Territory of Colorado. justices, 22 in the Court of Appeals, 164 as its probate judge. Shortly after, however, a in district courts, and 114 in county courts Supreme Court Court of Appeals The history of Colorado’s highest court began even Colorado’s Court of Appeals has a fragmented, yet before Colorado became the 38th state in the nation. fascinating, history. The first Court of Appeals was The first Supreme Court was established in 1859 by established in 1891 by the Colorado General Welcome to the the Territory of Jefferson, an extra-legal government Assembly for an indeterminate term to help the existing prior to the Territory of Colorado. Supreme Court with its heavy caseload. This court Colorado Supreme Court consisted of three judges and lasted until 1904, When Colorado became an official territory, a new when it was no longer believed to be necessary. Supreme Court was established. Its first three and justices were appointed by President Abraham Lincoln. This court held its initial session in Denver Court of Appeals on July 10, 1861. The court convened in a cozy 7-by-9 foot room in the 12-by-25 foot Commonwealth Building on the corner of Larimer and 13th Street. The present Court of Appeals courtroom at 14th & Broadway In 1913, a second Court of Appeals was created, this time with five judges, but with a pre-established term of only four years. Its mandate expired in 1917. In 1970, the third and present Court of Appeals was established, though it only had six The present Supreme Court courtroom at 14th & Broadway judges at its inception. In 1974, this number was increased to 10, on Jan. 1, 1988, the number was Between 1861 and its eventual move into the north increased to 13 and on July 1, 1988, the number was wing of the state capitol building in the early 1890s, increased to 16. The most recent expansion added An the court convened in many other locations, three judges effective July 1, 2008, for a total of 22. including the Middal Building behind the Lincoln Hotel, the Old Planter’s House on Blake and 16th, The location of this court during its first two terms th Historical the Keller House on 11 , the Jackson Building on is unclear, but due to its close relationship with the 18th and Larimer, George W. McClure’s building on Supreme Court, it may have been held in the same Larimer between 15th and 16th, and one last location location. The third Court of Appeals began hearing on the corner of Lawrence and 15th. cases in 1970 at the Supreme Court courtroom in the Guide capitol building. When the court expanded to 10 In 1905, the court grew to seven justices to help judges in 1974, it moved to a new courtroom on the address the heavy caseload. These justices sit en sixth floor of the Farmer’s Union Building on 16th banc, or in a full panel, for every case. Court of and Sherman. In 1977 it joined the Supreme Court Appeals judges, in contrast, sit in panels of three to in their current location at 14th and Broadway. consider cases. .

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